Sectors
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Arata E. Kaku-McGowan

Associate

Arata E. Kaku-McGowan

Associate

Arata Kaku-McGowan is an associate in the Commercial Litigation Practice Group, where he has helped handle complex cases ranging from antitrust and consumer class actions to FCRA cases, contract disputes, and insurance and reinsurance cases. As a secondary member of the Environmental Group, Arata also has assisted clients with a breadth of environmental issues from cradle to grave: analyzing emissions compliance issues for product development; supporting permit application for energy projects; contending against unrelenting national environmental NGOs in administrative proceedings related to factories, solar and natural gas power plants, and pipeline infrastructure; defending Environmental Assessments and Environmental Impact Statements; and litigating RCRA and CERCLA issues.

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August 31, 2026 Energy Current

Grid Security Redux: What Executive Order 14420 Means for Utilities, Project Developers, and the Supply Chain

On August 26, 2026, President Trump issued Executive Order 14420, “Declaring a National Emergency to Secure the United States Bulk-Power System.”
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August 28, 2026 Foley Viewpoints

Oregon Judge Upholds EPR Scheme in Full Against Constitutional Attacks

First-of-its-kind ruling signals that industry should prepare for extended producer responsibility (EPR) compliance as states expand extended producer responsibility programs.
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August 21, 2026 Foley Viewpoints

17 State Attorneys General Ask Court to Suspend California's Entire EPR Law: What Producers Need to Know

This week, the 17-state attorney general coalition and the National Association of Wholesaler-Distributors (NAW) escalated their federal challenge to California's Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54) by filing a motion for preliminary injunction in the Eastern District of California. The motion asks the court to block enforcement of the entire Act while the constitutional challenge proceeds. A hearing is set for January 15, 2027 — which will amount to a long wait. Along with its motion, plaintiffs filed an amended complaint adding a new vagueness theory that ties SB 54's recyclability requirements to the recent preliminary injunction against California's labeling law, SB 343.
July 31, 2026

Colorado EPR Faces a Second, Broader Constitutional Challenge: What Producers Should Know

On July 30, 2026, the National Association of Wholesaler-Distributors (NAW) filed suit in the U.S. District Court for the District of Colorado against the Executive Director of the Colorado Department of Public Health & Environment (CDPHE), seeking to declare Colorado's Producer Responsibility Program for Statewide Recycling Act (the “Act”) unconstitutional and to enjoin its enforcement.
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July 28, 2026 Energy Current

DOE Withdraws Direct Final Rule on Zero-Based Regulating, Will Proceed Through Standard Notice-and-Comment Rulemaking

On July 9, 2026, the Department of Energy (DOE) withdrew its direct final rule that would have implemented, starting July 13, 2026, “zero-based regulating” sunset provisions across a range of DOE regulations.
July 6, 2026 Foley Viewpoints

Oregon EPR Producers May Have an Off-Ramp From Paying CAA, At Least Temporarily

Thousands of producers currently writing checks to Circular Action Alliance (CAA) under Oregon's Extended Producer Responsibility (EPR)...